Macomb judge allows medical marijuana use on probation

[KLAW Blog]

A judge admitted skepticism but is allowing two men convicted of distributing marijuana to continue using the drug for medical purposes.

Dean Ferretti, 38, of Utica; and Kent Currie, 40, of Kimball Township, were sentenced to two years probation Thursday by Judge David Viviano of Macomb County Circuit Court in Mount Clemens.

Originally charged with four counts of delivering or manufacturing more than 45 kilograms of marijuana and operating a drug house, they pleaded guilty to the lesser charges of distribution of marijuana ‘without remuneration’ and attempt to maintain a drug house, in a plea deal.

The men claimed they were growing marijuana in Lenox Township in 2010 under the Medical Marijuana Act. But they possessed more marijuana than allowed.

Viviano ruled both men could continue to use cannabis plant product to address injuries and conditions but warned they could not distribute marijuana even under the MMA.

‘I’m not going to tolerate you spreading marijuana in the community, medical marijuana or otherwise,’ Viviano told Ferretti. ‘I will allow you to continue to use – like I did while you were on bond – with a healthy dose of skepticism.

‘If I ever hear you’re spreading marijuana, you’re going to jail for a year.’

Ferretti’s attorney, Michael Komorn, said his client wouldn’t have broken the law in 2010 ‘if he knew then what he knows now’ about the MMA, which took effect in December 2008.

‘The law was relatively new,’ he said. ‘There’s a lot more guidance now.’

Both men described physical ailments that they said warrant marijuana use. They said they consume extracted marijuana in oil form and take prescription drugs, a situation about which Viviano seemed skeptical.

‘You think you’re going to get better eating pills and (taking) marijuana?’ Viviano said to Currie. ‘It’s hard to understand why you’re taking Vicodin at all.

‘What are you doing to get better?’

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An historical Macomb County news story involving Attorney Michael Komorn we like to bring back when some fresh news is going to be published regarding similar circumstances. If you have similar circumstances and need a highly experienced and well studied attorney in Michigan marijuana legal issues. Call us 248-357-2550

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